beta
(영문) 서울고등법원 2020.08.13 2020나2005615

위약금 등

Text

1. Of the judgment of the court of first instance, the part against Defendant C Co., Ltd. in excess of the following amount.

Reasons

1. Basic facts

A. On July 1, 2015, the Plaintiff entered into a contract for the collection, transportation, and disposal of medical wastes (hereinafter “instant contract”) with the Defendant C and the Plaintiff Hospital, who runs the medical waste collection and transportation business of the Defendant C and the Plaintiff Hospital, who is engaged in the medical waste collection and transportation business, to collect and transport the medical wastes generated from the Defendant C and the Plaintiff Hospital. The content of the contract is as follows.

The unit cost of collection, transportation, and processing: Transportation cost of 510 won/km, and disposal cost of 240 won/km of 750 won/km, and the term of validity of this contract under Article 1 (Contract Period) shall be from July 1, 2015 to June 30, 2018, and where no written notice concerning termination of the contract is given two months before the expiration, this contract shall be deemed automatically extended.

Article 2 (Entrustment, Transportation, and Disposal) (1) The medical wastes generated from the place of business of the Plaintiff hospital shall be imported and transported by Defendant B to be entrusted to Defendant C for disposal. The expenses for entrusted disposal under Article 3 (Payment of Expenses) shall be paid by the Plaintiff to Defendant B, and the expenses for disposal shall be paid to Defendant C by the 15th day of the following month. The original Defendant under Article 4 (Termination of Contracts and Compensation for Damages) shall faithfully perform this contract, and where the other party suffers damage to the other party due to nonperformance of the contract, the other party shall terminate the contract and may claim a penalty (the average amount of three months x the average amount of generated x the remaining months x

B. Around June 2018, Defendant C did not have given written notice concerning the termination of the contract of this case at least two months prior to the expiration of the contract term of this case, and Defendant C notified the Plaintiff of the termination of the contract that “the contract of this case was terminated on June 30, 2018 and lost its effect.” Accordingly, the Plaintiff is deemed to have been automatically extended in the absence of written notice regarding the termination of the contract of this case at least two months prior to the expiration of the contract of this case.